Please read the terms and conditions below regarding your Rental Agreement. By clicking the button on the order form, you will digitally sign this Rental Agreement, and thereby indicate that you agree to the following terms and conditions:
This is a legal and binding contract for the purposes of a short-term rental of Products between the signer of this document (hereinafter referred to as “Renter”), and Cali-JAI Love, LLC, www.BorrowLoveReturn.com (hereinafter referred to as “Borrow Love Return”). “Products” are defined as all items specified in the “Order Summary” section of Renter’s Order Form.
Cali-JAI Love, LLC dba/ Borrow Love Return maintains full ownership of all rented Products.
3. Rental Terms.
We reserve the right to limit, cancel, or prohibit any rental of our Products for any reason in our sole discretion, including but not limited to, the availability of our Product, geographic limitations, and any violation of this agreement.
a. Rental Period.
All Rental Products are rented for a period of five calendar days, beginning two days before the scheduled Event Date and ending one day after the Event Date. Renter shall, by the end of the Rental Period, ship the rental Products back to us according to the terms provided in this agreement.
b. Rental Return Shipping Process.
Borrow Love Return will provide a prepaid shipping label for returning all rented Products. Renter hereby agrees Rental Products must be returned to any United State Post Services (“USPS”) location one day after the Event Date. Renter must return Products to the USPS the following day if the return date falls on a Sunday or a Federal Holiday.
c. Late Fees and Security Deposit.
If Renter does not deliver any of the rented Products to USPS by the Rental Period Due Date. The Renter will incur late fees in the amount of $5.00 per Product per day for each 24-hour period after the Rental Period and the initial total rental order fee already charged, which Renter has failed to deliver the product to USPS as provided herein (“Late Fee”).
d. Security Deposit.
Renter will be charged a refundable security deposit fee in the amount of $150.00. The security deposit will be refunded back in full when all rented Products are returned undamaged and on time. The security deposit will be used for any outstanding Late Fees incurred by the Renter and the remaining balance will be returned to the Renter.
d. Failure to Return Our Product.
Renter authorize us to charge to your payment card, in addition to the Rental Fee and the other fees paid by you, the full retail value, as provided at our store, of each product that you fail to deliver to USPS within 72 hours after the end of the Rental Period of that product.
e. Lost, Stolen or Damage Products.
Renter agrees to return Borrow Love Return property in the same condition as when it was received. Renter is responsible for loss, destruction or damage to the Products due to theft, fire, major stains or any other cause. Products may not be exposed to rain, water or moisture. If Renter returned a Product that is damaged , lost or stolen, then Renter agrees that Borrow Love Return shall charge Renter for the price for repairing or replacing the Product, as determined in our discretion, the full retail
value of unreturned items, estimated at 150% of rented value.
Additionally, Renter agrees to return Borrow Love Return Products in the same or comparable packaging in which it was received, to ensure Products are not damaged while in transit for return shipping. Borrow Love Return will provide the necessary packaging materials. If Renter misplaces the packaging materials, Renter should contact Borrow Love Return for instructions on how to package items for return.
f. Renter’s Use of Rental Products.
Renter agrees to treat the Products with great care. Renter is responsible for loss, destruction or damage to the Products due to theft, fire, major stains or any other cause. Products may not be exposed to rain, water or moisture. Renter further agrees to use all Products as prescribed in Borrow Love Return instructions, as shown on the Borrow Love Return website. Renter hereby acknowledges that she/he has received and understands the necessary instructions on the proper usage of rented Products. By virtue of accepting this Agreement, Renter hereby waives any claim of ignorance on the proper usage of rented Products.
g. Renter’s Responsibility for Rental Products.
Renter assumes full responsibility for the care of the rented Product(s) from the time they are delivered to the Renter’s address, until the time they are returned back to Borrow Love Return. Renter must notify Borrow Love Return of any problems with rented Products by sending an email to Hello@BorrowLoveReturn.com within 24 hours of delivery. Failure to provide timely notice to Borrow Love Return of any problems with rented Products, including missing Products, will result in a waiver of any such claim by Renter. Borrow Love Return does not bear liability for Products left unattended.
4. Product Cleansing.
Each product, delivered to Renter shall be cleaned and sanitized using commercially reasonable processes. We make no representation, warranty, or guarantee that such process will be effective in eliminating or destroying any and all biological forms, germs, bacteria, viruses, or other foreign matter. As such, by renting our product, you shall solely at all times assume any and all health risks related to, or caused by, coming into physical contact with our product, and you fully release us from any and all liability related thereto.
5. Payments, Cancellation and Collections Policies.
Unless otherwise agreed, payment in full is due upon placing your order.
b. Authorized Charges to Your Credit Card.
Renter authorize us to charge to your payment card each of the charges and fees described in this agreement, including but not limited to, the Rental Fee, the shipping fee, the taxes, the Late Fee, the full retail value of each product damaged during the Rental Period, and the full retail value of each product that you fail to deliver to USPS, for return to us according to the terms of this agreement, within 72 hours of the termination of the Rental Period.
If you cancel your order more than 14 days prior to the scheduled shipping date of your order, then we will fully refund to you the Rental Fee, shipping, and taxes paid by you for the order so cancelled by you. If you cancel your order 14 days, or fewer, prior to the scheduled shipping date of your order, then we will credit any future rental you place with us by the amount of the Rental Fee, shipping, and taxes paid by you for the order so cancelled by you. Cancellations must be submitted via email to Hello@BorrowLoveReturn.com and provide the order number and billing address.
If Renter does not pay the outstanding amounts owed to Borrow Love Return when due, then Borrow Love Return will need to institute collection procedures. Customer agrees to be responsible for all costs of collection on unpaid balances including, but not limited to, 1.5% interest (18% annually), collection fees (up to 50%), court costs and reasonable attorney fees.
a. Warranties, Representations and Indemnification.
Renter hereby acknowledges that the rental Products are of a size, design and quantity selected by Renter and that Borrow Love Return has not made and does not make any representation, warranty, or covenant, express or implied, with respect to the condition, quality, durability, or suitability of the rental Product for Renter’s specific uses or applications. Borrow Love Return will not be liable to Renter for any loss or damage caused directly or indirectly by the rental Products and rental service, by any inadequacy thereof, or defects therein. Renter will indemnify Borrow Love Return and hold harmless against any claim, action, damages, and liability, including attorney’s fees, arising out of or connected with Renter’s use of the rental Products or Renter’s use of Borrow Love Return rental service.
b. Government Law and Choice of Forum.
This Agreement is governed by the laws of the State of Texas. In the event of any dispute concerning this Agreement or the Products rented hereunder, including any breach of this Agreement, suit may be brought only in a court of competent jurisdiction in the State of Texas.
7. Entire Agreement.
This Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous drafts, agreements, arrangements and understanding between them, whatever written or oral relating to this subject matter. Modifications may be made only by Borrow Love Return. We reserve the right to terminate or amend this Agreement at any time for any or no reason, effective upon notice to Renter of such termination or amendment. The waiver of any term or condition or any breach thereof shall not affect any other term of condition of this Agreement.
CONTACT US. Please send any questions about this agreement to BLR at hello@BorrowLoveReturn.com.